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Updating author: Rob
Davies
On this page:
Summary
Future
developments
Key references
The
provisions of the Rehabilitation of Offenders Act 1974
Rehabilitation periods
Exclusions
Excluded
jobs
Data protection
provisions
Access to criminal
records
Safeguarding vulnerable
groups
The
implications of the Bribery Act 2010
Summary
- Under the Rehabilitation of Offenders Act 1974, a conviction becomes
"spent" after the elapse of a defined period of time, allowing a job applicant
to be treated for most purposes as if his or her conviction had never
occurred. (See The
provisions of the Rehabilitation of Offenders Act 1974)
- Job applicants are in most cases permitted to conceal details relating to
spent convictions from a prospective employer. (See The
provisions of the Rehabilitation of Offenders Act 1974)
- It is unlawful to refuse to employ someone on the grounds that he or she
has a spent conviction (although recruitment into some jobs is exempt from
this provision). (See The
provisions of the Rehabilitation of Offenders Act 1974)
- The periods of time after which convictions become spent are precisely
defined in the Rehabilitation of Offenders Act 1974. (See Rehabilitation periods)
- A job applicant whose sentence was for 30 months or more can never be
rehabilitated under the Rehabilitation of Offenders Act 1974. (See Exclusions)
- There is a long list of excluded jobs and professions under the
Rehabilitation of Offenders Act 1974. (See Excluded jobs)
- Under the Safeguarding Vulnerable Groups Act 2006 there is a centralised
vetting system for people barred from working with children and/or vulnerable
adults, in paid and unpaid work. (See Safeguarding vulnerable groups)
- It is an offence for a person who is barred from working with children or
vulnerable adults to seek to, or actually engage in, a "regulated
activity". It is also an offence for an employer knowingly to permit
someone who is barred to engage in a "regulated activity". (See Safeguarding vulnerable groups)
- Employers and employment businesses and agencies are under a duty to pass
information about individuals who have harmed a child or vulnerable adult to
the Disclosure and Barring Service. (See Safeguarding vulnerable groups)
- Employers may need to carry out additional checks on job applicants for
posts that could be vulnerable to bribery risks. (See The implications of the
Bribery Act 2010)
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Future developments
Portable DBS (CRB) checks: The Protection of Freedoms Act
2012 includes provisions to effect changes relating to Disclosure and Barring
Service (DBS) checks (Criminal Records Bureau (CRB) checks prior to 1 December
2012). The Government announced these changes on 23 November 2011 (in a speech
by the Business Secretary, Vince Cable (on the
UK Government website)) and in its Employment
law review - annual update 2012 (also on the UK Government website), which
it published on 15 March 2012. |
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